Renewal Primer for Television Stations for Renewal Cycle Beginning June 2020
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Renewal Primer for Television Stations for Renewal Cycle Beginning June 2020 March 2020 This primer provides detailed guidance on the television station license renewal process.1 Please have those involved in the license renewal process at your station take some time to review these materials. Stations must begin their post-filing announcements on the date that their renewal application is filed. Note that we are happy to set up a call with our clients to walk through this process and answer any questions. We are also glad to handle the mechanics of filing renewal applications through the FCC’s “new” Licensing Management System (“LMS”). SECTION I: THE BASICS The deadline by which a station is required to file its license renewal application is determined by the state in which the station is licensed. Attachment A contains a state-by-state list of license renewal application filing dates and license expiration dates.2 After filing its license renewal application, a station must air post-filing announcements for one month.3 Pre-filing announcements are no longer required.4 Section II of this memorandum provides detailed guidance on the required post-filing announcements, the specific text required, and sample statements for certifying compliance with the public announcement requirements (Attachments B-E). The license renewal application must be filed electronically through the FCC’s Licensing Management System (LMS) platform using FCC Form 2100/Schedule 303-S (“Form 303-S”). A sample copy of the Form 303-S from LMS is available at Attachment F, along with the FCC’s instructions for the form. The Form 303-S is presented in primarily a “Yes/No” format, and requires licensees to certify as to their compliance with certain FCC regulatory requirements during the preceding eight-year license term. For stations purchased in the midst of the preceding license term, your certifications only cover the period for which you held the license. Section III of this memorandum provides a brief summary of each certification required by the Form 303-S. When completing the application, only certify “Yes” to a question where you are 1 Additional information can be found on the FCC’s website at https://www.fcc.gov/media/television/broadcast-television-license-renewal. 2 Note that if the first day of the month falls on a weekend or federal holiday, the license renewal application will be due on the next full business day. 3 Media Bureau Announces Effective Date of New Local Public Notice Rules, Public Notice, DA 20-1289 (rel. October 30, 2020); Amendment of Section 73.3580 of the Commission’s Rules Regarding Public Notice of the Filing of Applications, Second Report and Order, FCC 20-65 (2020). 4 Pre-Filing Announcement Requirements 2020-2023 Renewal Applications, Order, DA 20-511 (rel. May 13, 2020). certain that you have fully complied with the FCC’s rules and policies. Otherwise, answer “No” and provide an explanatory exhibit. Note that a “No” response does not automatically preclude grant of your application. The Commission realizes that, over an eight-year span, licensees may make errors. Although a “No” certification may result in a fine, the penalty for a false certification is far greater. The agency has fined broadcasters thousands of dollars for making inaccurate certifications. While addressed in only one certification, the “Local Public File” question in the renewal application, which includes the online political file, requires particular attention. Section IV of this memorandum provides detailed guidance on the steps a station should take to ensure that its online public inspection file is complete and that this question is answered accurately. Finally, in conjunction with the license renewal application, all stations (regardless of the number of full-time employees employed) must file a Broadcast Equal Employment Opportunity Program Report in LMS using FCC Form 2100/Schedule 396 (“Form 396”). A Form 396 as it appears in LMS is available at Attachment I. Because of the mechanics of the FCC’s filing system, the Form 396 must be filed in advance of the license renewal application. After the Form 396 is submitted, LMS will generate a file number for the Form 396 that must then be included in the Form 303-S before the renewal application can be submitted. Section VI of this memorandum provides detailed guidance on how to complete the Form 396. SECTION II: PUBLIC ANNOUNCEMENTS/NOTICES5 Full-Power Television Stations, Class A Television Stations, and Low Power Television Stations Originating Local Programming Post-Filing Announcements After your license renewal application is filed, you must broadcast notice of the filing a total of six times – at least once per week for four consecutive weeks, with no more than two announcements per week, beginning no later than five business days following the release of the Commission public notice announcement of the acceptance of the application for filing. All on-air announcements must be broadcast between 7:00 a.m. and 11:00 p.m. local time. Attachment B contains the FCC’s mandatory post-filing announcement text for full-power television stations and Class A television stations. Attachment C contains mandatory post- filing announcement text for low power television stations. We can assist you with filling in the blanks prior to the date your announcements must begin. Stations broadcasting primarily in a foreign language should broadcast the announcements in that language. In addition, stations must use visuals with the licensee’s and the FCC’s addresses when post-filing information is being orally presented by the announcer. Certification Within seven days of broadcasting the last post-filing announcement, full-power and Class A television stations must upload a statement certifying compliance with the public announcement requirement to the station’s online public inspection file. The statement must set forth the dates 5 The requirements discussed in this section are found in Section 73.3580 of the Commission’s rules, 47 C.F.R. § 73.3580. and times that the post-filing notices were broadcast and provide the texts of the announcements. The certification does not need to include the announcement texts. Attachment D contains a sample certification. TV Translators and LPTV Stations Not Originating Local Programming Newspaper Notice Low power television stations not originating local programming and television translators are not required to broadcast post-filing announcements. Instead, the public notice requirements for such stations are as follows: • Under the Commission’s new online public notice rule, low power television stations that do not originate local programming are no longer required to publish a post-filing announcement in a local newspaper. Instead, they must make the post-filing announcement available online. The notice should be posted in order of availability, on (1) the website of the applicant station, (2) the website of the applicant station’s licensee, or (3) the website of the applicant station’s parent entity. If there is no applicant-affiliated website, then see below for further instructions. For a station or affiliated website, the station must insert a tab or link on the website homepage labeled, “FCC Applications” that will link to a separate page containing the text of the notice. If the station has no pending applications, then the webpage should note this. Moreover, the webpage should contain a timestamp that reflects when the page was last updated. Attachment E contains the recommended text for this notice. If there is no applicant-affiliated website, then the notice must be published on a locally targeted, publicly accessible website, which the Commission defines as a website that (a) members of the public can access without payment, registration, or any other requirement that the user provide information or respond to a survey or questionnaire in exchange for being able to access the online notice, and (b) is locally targeted to the area served and/or to be served by the applicant station (e.g., local government website, local community bulletin board website, local newspaper website, state broadcasters’ association website).6. • If a television translator station is not renewed with the primary station7 that it rebroadcasts, then that station must similarly publish an online post-filing announcement. Attachment E contains the recommended text for this notice. Television translator stations that are renewed on the same Form 303-S as the primary station being rebroadcast do not need to compose a post-filing announcement. 6 Online Notice Order, FCC 20-65 at ¶ 12. 7 Television translators may only be renewed on the same application form as the primary station it rebroadcasts when they are commonly owned and either (1) they are licensed in the same state as the primary station or (2) they are licensed in a state that has the same TV license expiration date as the primary station. Translators located in separate states from the primary station that is being rebroadcasted may not file on the same Form 303-S as the primary station if the translator has an earlier or later license expiration date. SECTION III: LICENSE RENEWAL APPLICATION CERTIFICATIONS The certifications in the Form 303-S pertain to the licensee (e.g., the applicant) and “any party to the application.”8 Each certification in the renewal application is summarized below. Character Issues.9 This certification asks the licensee to confirm that: • “Neither the licensee nor any party to the application has or has had any interest in, or connection with, any broadcast application in any proceeding where character issues were left unresolved, or were resolved adversely against the applicant or any party to the application”; and • “Neither the licensee nor any party to the application has or has had any interest in, or connection with, any pending broadcast application in which character issues have been raised.” These certifications are phrased in the negative; if the licensee has nothing to report, it would answer “Yes” to both questions.